OAR 461-130-0330
Disqualifications; Pre-TANF, REF, SNAP, TANF
(1)
In the Pre-TANF, REF, SNAP, and TANF programs, the Department may not disqualify from program benefits an individual who is a volunteer (see OAR 461-130-0305 (General Provisions; Employment Programs) and 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)) participant in an employment program.(2)
In the Pre-TANF and TANF programs, a JOBS eligible (see OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)) individual who fails to comply with an employment program participation requirement or a JOBS exempt (see OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)) individual who fails to comply with the requirements of OAR 461-135-0085 (Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF), and does not have good cause (see OAR 461-130-0327 (Good Cause)) for the failure to comply is subject to disqualification under this rule only after the individual has had the opportunity to participate in the re-engagement process under OAR 461-190-0231 (Re-engagement; JOBS, Pre-TANF, REP, SFPSS, TA-DVS).(3)
In the REF program, a mandatory individual who fails to comply with an employment program participation requirement and does not have good cause for failure to comply is subject to disqualification under this rule only after the individual has had the opportunity to participate in the re-engagement process under OAR 461-190-0231 (Re-engagement; JOBS, Pre-TANF, REP, SFPSS, TA-DVS).(4)
In the REF program, the effects of an REP disqualification are progressive. There are two levels of disqualification:(a)
At the first level of disqualification, the penalty is the removal of the disqualified individual from the need group (see OAR 461-110-0630 (Need Group)) for three months. If the disqualified individual is the only member of the filing group (see OAR 461-110-0430 (Filing Group; REF, REFM)), the assistance is terminated.(b)
At the second level, the penalty is the removal of the disqualified individual from the need group for six months. If the disqualified individual is the only member of the filing group, the assistance is terminated.(5)
In the TANF program, the effects of a JOBS disqualification or a disqualification imposed under OAR 461-135-0085 (Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF) are progressive. There are four levels of disqualification. Once a disqualification is imposed, it affects benefits according to the following schedule until the disqualification ends in accordance with OAR 461-130-0335 (Removing Disqualifications and Effect on Benefits):(a)
At the first level, the penalty is a 25 percent reduction in benefits.(b)
At the second level, the penalty is a 50 percent reduction in benefits.(c)
At the third level, the penalty is a 75 percent reduction in benefits.(d)
At the fourth level, the penalty is a 100 percent reduction in benefits.(e)
At the end of the fourth level, program benefits are closed and the filing group (see OAR 461-110-0310 (Filing Group; Overview) and 461-110-0330 (Filing Group; TANF)) may not receive program benefits for the following two consecutive months.(6)
In the SNAP program:(a)
A mandatory individual not covered under subsection (b) of this section who fails to comply with the requirements of an employment program (see OAR 461-130-0315 (Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF)) without good cause (see OAR 461-130-0327 (Good Cause)) is subject to disqualification. A disqualified individual is removed from the need group until he or she meets the employment program requirements and serves the applicable progressive disqualification under the following subsections:(A)
One calendar month for the first failure to comply.(B)
Three calendar months for the second failure to comply.(C)
Six calendar months for the third and subsequent failures to comply.(b)
A mandatory individual who is an ABAWD (see OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP)) residing in one of the time limit exempt areas (see OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP)) or a mandatory individual who is served by an office that does not offer OFSET (see OAR 461-190-0310 (Limits to the SNAP Employment and Training Programs)) who fails to comply with the requirements in OAR 461-130-0315 (Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF)(1)(c)(A) to (D) is subject to disqualification as provided in subsection (a) of this section. See OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP) for additional employment participation requirements for ABAWD individuals.
Source:
Rule 461-130-0330 — Disqualifications; Pre-TANF, REF, SNAP, TANF, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-130-0330.